Utah Code 32B-4-209. Lawful detention
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(1)
Terms Used In Utah Code 32B-4-209
- Arrest: Taking physical custody of a person by lawful authority.
- Beer: means a product that:(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102
- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Liquor: includes :(66)(a)(ii)(A) heavy beer;(66)(a)(ii)(B) wine; and(66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
- Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
- Permittee: means a person issued a permit under:(89)(a) Chapter 9, Event Permit Act; or(89)(b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Staff: includes :(128)(b)(i) an officer;(128)(b)(ii) a director;(128)(b)(iii) an employee;(128)(b)(iv) personnel management;(128)(b)(v) an agent of the licensee, including a managing agent;(128)(b)(vi) an operator; or(128)(b)(vii) a representative. See Utah Code 32B-1-102
- State store: means a facility for the sale of packaged liquor:(131)(a)(i) located on premises owned or leased by the state; and(131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102
(1)(a) To inform a peace officer of a suspected violation and subject to the requirements of Subsection (1)(c), a person described in Subsection (1)(b) may:
(1)(a)(i) detain a person; and
(1)(a)(ii) hold any form of identification presented by the person.
(1)(b) The following may take an action described in Subsection (1)(a):
(1)(b)(i) a state store employee;
(1)(b)(ii) a package agent;
(1)(b)(iii) a licensee or permittee;
(1)(b)(iv) a beer retailer; or
(1)(b)(v) staff of a person described in Subsections (1)(b)(ii) through (iv).
(1)(c) A person described in Subsection (1)(b) may take an action described in Subsection (1)(a) only:
(1)(c)(i) if that person has reason to believe that the person against whom the action is taken is:
(1)(c)(i)(A) in a facility where liquor or beer is sold; and
(1)(c)(ii) in a reasonable manner; and
(1)(c)(iii) for a reasonable length of time.
(2) Unless the detention is unreasonable under all circumstances, the detention or failure to detain does not create criminal or civil liability for:
(2)(a) false arrest;
(2)(b) false imprisonment;
(2)(c) slander; or
(2)(d) unlawful detention.